Legal Definitions - Critical Legal Studies

Critical Legal Studies (CLS) is a school of thought that critically examines the legal system, arguing that law is not a neutral or objective set of rules. Instead, CLS scholars believe that legal principles and institutions often serve to maintain existing power structures and social hierarchies, particularly concerning economic status, race, and gender. They contend that legal concepts are often flexible and open to interpretation, allowing them to be used in ways that perpetuate inequality, even while the system presents itself as fair and just, creating an illusion of social harmony.

Here are some examples illustrating the concepts of Critical Legal Studies:

• Example 1: Economic Inequality and Tax Law

  A country's tax code includes numerous complex deductions and loopholes primarily accessible to large corporations and wealthy individuals, allowing them to pay a significantly lower effective tax rate than middle-class wage earners. While these laws are presented as promoting economic growth or investment, they disproportionately benefit those already at the top of the economic hierarchy.

  A Critical Legal Studies scholar might argue that while these tax laws appear to apply equally to everyone, their intricate structure and specific provisions are not neutral. Instead, they are designed or have evolved in a way that perpetuates wealth inequality and reinforces the existing economic status quo, under the guise of promoting a fair and efficient economy. The "neutrality" of the law masks its role in maintaining economic power imbalances.

• Example 2: Racial Subordination and Criminal Justice

  A city implements a "zero tolerance" policing policy that leads to increased arrests and harsher penalties for minor offenses, such as loitering or public intoxication, predominantly in low-income, minority neighborhoods. Similar offenses in affluent, majority neighborhoods are often overlooked or result in less severe consequences.

  From a Critical Legal Studies viewpoint, this policy, even if framed as a neutral effort to reduce crime, is not truly objective. CLS scholars would analyze how the legal framework (e.g., police discretion, sentencing guidelines) is applied in practice to disproportionately target and penalize specific racial groups. This application reinforces racial subordination and maintains existing social divisions, despite the law's stated goal of ensuring public safety for all citizens equally.

• Example 3: Gender Hierarchy and Workplace Policies

  Many companies offer extensive maternity leave benefits but provide significantly less, or no, paid paternity leave. While these policies are often seen as supporting new mothers, they can subtly reinforce traditional gender roles where childcare is primarily a mother's responsibility, and fathers are expected to remain in the workforce without interruption.

  A Critical Legal Studies analysis would suggest that these seemingly neutral workplace policies, rather than promoting equality, subtly perpetuate gender hierarchy. By making it economically difficult for fathers to take significant leave, the legal and corporate frameworks contribute to the expectation that childcare is primarily a mother's role. This can limit women's career advancement and reinforce traditional gender divisions in both the workplace and the home, even as the policies are presented as family-friendly.